im 19yrs old &last week i went to a college party;i am very smart i graduated highschool early have an AS in business administration and next year when i turn 20 im going to have my BA in technical management consentation in accounting.My friends kept insisting i drink, i didnt want to but peer pressure finally got to me.i drank a beer and before they gave me another one i decided to leave. Onmy way out i bumped into someone and they spilled thier beer on me.on my wasy home I got pulled over by a cop that followed me atleast 20.She didnt took any test untill i was at the department i failed the first and the second one said my BAC was.05 i was in jail atleast 9hours. i have to go to school and need my license back i dont have court untill december, what should i do?
Personal Injury Lawyer
You are facing an under 21 DUI case because your chemical test came back at .05% under Vehicle Code 23140. You are subject to fines and losing your driving privileges for up to one year. If convicted of this charge, it will also be counted as a prior offense for the next 10 years. Do not discuss the facts of your case and make admissions on an open forum like this. Go see a criminal defense attorney for a free consultation to discuss your case, including errors on breath machines, etc. Good luck.
DUI / DWI Attorney
You need to request a DMV hearing within 10 days from the date of your arrest or the DMV will suspend your driver's license for a year. Because you're under 21, you're facing a "zero tolerance" situation because you shouldn't have been drinking at all. That being said, there could still be defenses in your case, for which it would behoove you to speak with a DUI defense attorney in your area to discuss.
DUI / DWI Attorney
Based on the facts as you have stated them you will only be looking at an infraction and not a full DUI, which is the good news. The bad news is that you may lose your license if you do not successfully win your DMV hearing. I would recommend hiring an attorney to represent you to preserve your CDL.